ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  

                  BOARD DATE:  22 January 2019

                  DOCKET NUMBER:  AR20160013423

APPLICANT REQUESTS:  Correction to block 18 (Remarks) of his DD Form 214 
(Certificate of Release or Discharge from Active Duty) by deleting the remark "MEMBER 
HAS NOT COMPLETED FIRST FULL TERM OF SERVICE."

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	self-authored letter
*	statement of service
*	honorable discharge certificate
*	oath of reenlistment
*	reenlistment contract
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3 year time frame provided in Title 10, U.S. Code, 
section 1552 (b); however, the Army Board for Correction of Military Records conducted 
a substantive review of this case and determined it is in the interest of justice to excuse 
the applicant's failure to timely file.
2.  The applicant states:

*	he completed his first term of service fully and honorably
*	he is completing his sentence at the Joint Regional Correctional Facility in 
Kansas
*	he received his DD Form 214 on 16 November 2015
*	he noticed the error on the document in remarks after reviewing it
*	he has enclosed several supporting documents to prove the information is false
*	he completed the following timeline to show his service:

*	he entered active duty on 30 June 2009
*	his contract was for 3 years and 13 weeks
*	he spent 13 weeks at basic combat training and advanced individual training
*	he started his first term of enlistment with a 3 year, and 1 month obligation
*	he completed his first term agreement honorably
*	at that time he had completed 3 years, 1 month, and 8 days of service
*	he had 52 days remaining on his initial contract
*	he reenlisted on active duty
*	he was flagged on 16 August 2013 pending an investigation 1 year from first 
term completion

*	he respectfully requests this pertinent issue to be looked into and a replacement 
of his DD Form 214 be issued

3.  The applicant provides an honorable discharge certificate dated 7 August 2012.  His 
reenlistment paperwork indicates he reenlisted in the Army on 8 August 2012 the date 
following his initial enlistment.

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
in the service record, applicable regulations, policy, and guidance.  The provided 
honorable discharge certificate dated 7 August 2012 and reenlistment paperwork 
indicating he reenlisted in the Army on 8 August 2012 demonstrate the applicant 
completed his first full term of service, therefore the board find’s the applicant’s request 
is warranted.

BOARD VOTE:

Member 1	Member 2	Member 3
:X	   X	      :X	Full Grant 
:	      :	      :		Partial Grant 
:	      :	      :		Formal Hearing Grant 
:	      :	      :		Deny

BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by changing his DD Form 
214 by deleting the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF 
SERVICE" from item 18 (Remarks).

												 
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.

ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice.  This provision of law also allows the Army Board for Correction of Military 
Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute 
of limitations if the ABCMR determines it would be in the interest of justice to do so.  

2.  Army Regulation 635-8 (Separation Processing and Documents) prescribes the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It establishes standardized policy for 
preparation of the DD Form 214.  The DD Form 214 provides service members with a 
record of their military service.  The regulation states, it is mandatory to enter in block 
18 (Remarks) “SOLDIER (HAS) OR (HAS NOT) COMPLETED FIRST FULL TERM OF 
SERVICE.” 

ABCMR Record of Proceedings (cont)		AR20160013423
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